Former Road Accident Fund (RAF) CEO Collins Letsoalo is adamant that he will not appear before the Standing Committee on Public Accounts (Scopa) that is investigating allegations of maladministration, financial impropriety, and misuse of public funds at the RAF.
Letsoalo was summoned to appear before Scopa’s inquiry this week but he sent a lawyer’s letter stating that he would not testify.
He said the inquiry was “unlawful”.
“The reality is this: I’m not going to go through an unlawful process. I’ve never received a summons, by the way. My lawyers have asked for those summonses,” he said in an interview with SABC News on Tuesday.
Letsoalo argued that the committee should have served the summons directly on his legal team.
“It’s not for me. It’s for them to serve, not me. I’ve said my lawyers are there. Why don’t they serve them there? These are not summonses.”
He maintained that he would not participate in what he called an invalid process.
“This thing is void ab initio because of its unlawfulness. I am not participating in an unlawful process.”
Asked if he feared possible criminal charges for failing to comply, Letsoalo brushed off the concern.
“Let him go,” he said, referring to RAF chairperson Songezo Zibi.
“The fact that he’s opened a case does not mean there is a criminal charge. What criminal charge are you talking about? I’ve not even received summonses.”
Letsoalo said he had already provided two residential addresses where he could be properly served.
After attempts to deliver the summons at his known addresses failed, Parliament resorted to substituted service: sending it via social media, email and affixing it to the door of his residence.
The Powers, Privileges and Immunities of Parliament and Provincial Legislatures Act empowers Parliament to compel testimony and documents.
Failure to comply without a valid cause constitutes a criminal offence and may amount to contempt of Parliament.
On Tuesday, Letsoalo’s attorney issued a cease-and-desist letter, claiming Scopa lacked the authority to conduct the inquiry – a position parliamentary officials dispute, saying the committee’s mandate is legally grounded.
Scopa’s recommendation to pursue criminal charges now awaits endorsement from the Speaker of the National Assembly.
THE MERCURY
